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HomeMy WebLinkAbout541902 WIZARD WORKS - PURCHASE ORDER - 9145866Fort Collins Date: 10/10/2014 Vendor: 541902 WIZARD WORKS 1960 N ROCKY VIEW RD CASTLE ROCK CO 80108 PURCHASE ORDER PO Number Page 9145866 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 10/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Hy Security Gate STC 1 LOT LS 59,401.00 PER AGREEMENT DATED 10-10-14 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Total Pay terms net 30 days Invoice Address: OX, City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By same the City of Fort Collins is exempt fora spite and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cumbria, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon spirt performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). escra y rights or remmded remedies pvherein or by law, failure to promptly notify the Seller in the event of a breachethe anacceptance of or payment far good hereunder or approval ofthe design, shall nol release the Seller of Goods Rejeffed GOODS REJECTED due to failure to meet spetifcations, either when shipped or due to defects of any of the warmmim nr obligmiotss of this purchase order and shall not Far darned a waive, of any right of the damage in pana, may be reamed to you for credit and me not a Is, replaced except upon receipt of writrn purchaser, to insist upon stria performance here for any art" rights or remedies as to any such good, regardless instructions from the City of Pan Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any pugmned oral modification or rescission of Nis purchmse order by the Purchaser oprmb, as a waiver of any of the terms Inspation. GOODS are subject m the City of Too Caliper inspection an arrival. hereof. Fiat Acceptance. Receipt of the merchandise, sus or ryuiperem in espouse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on fie pan of the City of Tom Collins. However, it is m b, understood that FINAL Seller and the Purchaser parplae that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable r mmil infection procedures. violations are in fact home by the Purchatte Theretofore, fair and rouse and as consideration for executing this purchase order. the Seller hereby assigns to the Primmer any and all claims it may now have or hereafter Freight Teats. Shipment mast be, F.O.B., Ciry of ran Collins, 700 Wool Sl., Too Collins, CO 80522. Jr.w otherwise specified on this order If permission is given I. p ,or, freight and charge separately, the ori,mad freight bill aul accompany invoices Additional charges far packing will pot be accepted. Shipment Distances Where manufrtmers have distributing points in armor¢ pans of the country, shipment is expected fmm the nearest distribution paint pre dalmatian, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary Family, scri ficmes and braes required by all applicable laws, regulations, ordinances and rates of the sate, municipality, tertiary or political subdivision where the work is perforated, or required by any other duly constituted public authmiry Imviogjurisdiction over the work of vendor. Seller 1'unher agrees to hold the City of Fon Collins harmless from and against all liability and lass incurred by them by reason of an compred Or established violation of any such laws, regulations, ordiwnces, mtes and co tin meats. Aman iamm. All parties to this contract agree fat die represeranny. are, in floc, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any Winona] or different errna anal conditions proposed by seller art cbjecled to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASWG AGENT immediately if you cannot make complete shipment la arrive tin year promised delivery date as rwled, Time is ofthe swore. Delivery and performance must be affected within the time spited tin the purchase order and the dormmen¢ attached hereto. No aces of the Purchmers including, without Institution, acceptance of partial late deliveries, shall Warm as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies fe option of ptaclng this order elsewhere and holding fie Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to causes at reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts of Cod, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to fir Pumhmer within five (5) days of the time when the Seller first received knowledge Thereof In the event of any such delay, the date of delivery shall be extended for the Period equal at he time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or ofer descriptions given, will be If for fie purposes intended, aN Performed with fie highest degree of care and commerce in acodance with accepted standard for work of a similar wore. The Sella agrees to hold be purchaser harmless from any loss, damage or expense which fe Purchmcr may suffer or incur on account of fie Sellers breach of womanty. The Seller shall replace, repair or tmake good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be plescribed by law or by the terms of soy applicable warranty provided by the Seller after fie date of acceptance of the goods famished hemunda(acceptance not be unreasonably delayed), resulting Room imperf t or detective work done or materials fi mished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim undo This warranty. Except as otherwise provided m This purchase order, fie Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchrsran may make y changes b, the berms, other than legal temp, including addalnns to or deletions from fie qu onies originally ordered in the sps,ificalions or drawings, by verbal or written change order If any such change affects the amount due or the time oTmformmxe hereunder, an equitable adjustment shall be, made. 6. TERMINATIONS. The Purchaser may at any time by written change order, armiwte this agreement us to any or all paniow of fie goods then not shipped, subject to any cgniable adjuderal hasv'een the parties as many woh or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profs on he uncompleted portion of the goods vnddor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers spindrd stork. No such termination shall relieve the Purchmcr or the Seller army oftheu obligations as to any goods delivered herewder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment musr be —red within IF, (30) days from fie date fie change or tertniwtim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hommdef shall have been produced, sold, delivered and famished in saris ompliana with all applicable Imas and regulations an which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations r quiml to be incorporated in agreements of This character an, hereby incorporated herein by This re ermim. The Seller agrer, 10 indemnify and hold the Purchase harmless from all costs and damages suffered by its, Purchaser as a mull of fe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, moister, or convey this order , or any monies due or to become due hereunda without the prior written consent ofNe other party. 10. TITLE. The Seller warrants full, clear and anmtneted title to the Purchase, for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest encumbraces and claims of others. acquired under federal or state antitrust laws for such overcharges relating to the particular good or services pmcbased or ratified by the Purehazn pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the PamImdmr directs the Seller to correct nonconforming or defective goods by a date to be, agreed upon by the Purchaser and the Seller and the Sella thereafter indicates its cribiliry or unwillingness to comply, the Purchaser may cause the work la be performed by the most expeditious memo available m it. sad the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier man all liability and claims of my more resulting form he pamori nm of such work. This release shall apply even in the meat of fault of negligence of the parry released and shall extend to fie directors, officers and employees of tech par,. The Sellds contractual obligations, including warranty, shall not be, damed to be reduced, in any way, because such work is pert rated or caused to be peA'ormed by fie Purchaser. 14. PAT ENTS. Whenever fie Seller is required to use any design, desire, mmerial or process covered by later, patent, trademark or copyright. the Seller shall indemnify and sm'e harmless the Purchaser from any and al I claims fir inGngement by reason of the use of such patented design, device, material or process in cowection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rayon of such inGngement at any time during the prmmuction or after the completion of the work. In case said equipmrn, or any pan thereof or the intended use of the goods, is in such said held m constitute infringement and the use of said equipment or an is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser fe right to continue using said equipment or parrs, rrplare the same wit substantially equal but noninGnging aluipmerd, or modify it sex it becomes caminfringing. 15, INSOLVENCY. If fie Seller shall become insolvent or backspin, retake an assignment for the benefit of crNlmrs, appoint a receiver or trustee for any of fe Sellers property or business, this order may forthwith be canceled by the Purchmcr without liability. 16. GOVERNING LAW. The definitions of tears used or the interpretation ofthe agreement sad fie rights of all parties hernmder shall be or¢wed under and governed by the laws of fie Sate ofColamdn, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Sellcs Represenpitiveod, on the premises traffic, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fumishN by ohers for instillation or crechon by the Seller, fie Seller shall receive, unload, store and handle same al he site and become responsible therefor as Though such materials and/or egmpmem were being Thrashed by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by This purchase ordeo and/or or their dependents in accordance with the laws of the state in which Its, work is m Its, done. The Seller shall aWt cart, comprehensive General liability including, but not limited to, contractual and automobile public liability insurance with bWily injury and death limits of at least $300,000 for any one person, $500,000 for any xcident and property damage limit per accident of 54Wp,g1. The Seller shag likewise require his contractors, if any, to provide for such campewation and mossi nce Before any of be Sellers or his cont-o am employees shall do any wok upon the premises of others, the Seller shall famish the Purchaser with a certificate that such comprwation and imurance have been provided. Such certificates shall specify the date when such compensation and imurance have been pmvidrd. Such anifirees shall specify its, date when such comReception and insumace expires. The Seller agrees that such compensation and insurance shall W maintained until after the entire work is completed ..,it accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury army kind or nature whams ever to persons or progeny caused by or resulting from the execution of the work provided for in this purchase order or in cenneeiw haewif. The, Seller will indemnify and bold harmless fie purchaser and any or all of fie Purthmers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or initial and whether to persons in property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of fie Seller, any of his connacton, or any of the Sellers or common offcers, agents or employees. In as, any suit r other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any lime on account or by reason of any act. action, neglect, omission or default of the Seller of any of his conteacors or any of its or their ofbcas, agents or employees as aforesaid, the Seller hereby agrees m assume the defense fccoof eN to defend the some at the Sellers own expense, to pay any and all costs, charge, atomrys fas and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment nr other Into be placed upon or abtawN against fie property of fie Purchmn, or said prelim in or as a malt of such suit of ofer, proceedings, the Seller will at once came, the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all at necessary for the prevention of accidents, comply with all laws and regulations with, regard to safety including, but without limitation, fe Compatiowl Safety art Health Act of 1970 and all tales and regulations issued pursuant ferem. Revised 07Q014